[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1732 Referred in Senate (RFS)]

<DOC>
114th CONGRESS
  2d Session
                                H. R. 1732


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 13, 2015

                                Received

                             July 14, 2016

  Read twice and referred to the Committee on Environment and Public 
                                 Works

_______________________________________________________________________

                                 AN ACT


 
To preserve existing rights and responsibilities with respect to waters 
             of the United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Regulatory Integrity Protection Act 
of 2015''.

SEC. 2. WITHDRAWAL OF EXISTING PROPOSED RULE.

    Not later than 30 days after the date of enactment of this Act, the 
Secretary of the Army and the Administrator of the Environmental 
Protection Agency shall withdraw the proposed rule described in the 
notice of proposed rule published in the Federal Register entitled 
``Definition of `Waters of the United States' Under the Clean Water 
Act'' (79 Fed. Reg. 22188 (April 21, 2014)) and any final rule based on 
such proposed rule (including RIN 2040-AF30).

SEC. 3. DEVELOPMENT OF NEW PROPOSED RULE.

    (a) In General.--The Secretary of the Army and the Administrator of 
the Environmental Protection Agency shall develop a new proposed rule 
to define the term ``waters of the United States'' as used in the 
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
    (b) Development of New Proposed Rule.--In developing the new 
proposed rule under subsection (a), the Secretary and the Administrator 
shall--
            (1) take into consideration the public comments received 
        on--
                    (A) the proposed rule referred to in section 2;
                    (B) the accompanying economic analysis of the 
                proposed rule entitled ``Economic Analysis of Proposed 
                Revised Definition of Waters of the United States'' 
                (dated March 2014); and
                    (C) the report entitled ``Connectivity of Streams & 
                Wetlands to Downstream Waters: A Review & Synthesis of 
                Scientific Evidence'' (EPA/600/R-14/475F; dated January 
                2015);
            (2) jointly consult with and solicit advice and 
        recommendations from representative State and local officials, 
        stakeholders, and other interested parties on how to define the 
        term ``waters of the United States'' as used in the Federal 
        Water Pollution Control Act; and
            (3) prepare a regulatory proposal that will, consistent 
        with applicable rulings of the United States Supreme Court, 
        specifically identify those waters covered under, and those 
        waters not covered under, the Federal Water Pollution Control 
        Act--
                    (A) taking into consideration--
                            (i) the public comments referred to in 
                        paragraph (1); and
                            (ii) the advice and recommendations made by 
                        the State and local officials, stakeholders, 
                        and other interested parties consulted under 
                        this section; and
                    (B) incorporating the areas and issues where 
                consensus was reached with the parties.
    (c) Federalism Consultation Requirements.--As part of consulting 
with and soliciting advice and recommendations from State and local 
officials under subsection (b), the Secretary and the Administrator 
shall--
            (1) seek to reach consensus with the State and local 
        officials on how to define the term ``waters of the United 
        States'' as used in the Federal Water Pollution Control Act;
            (2) provide the State and local officials with notice and 
        an opportunity to participate in the consultation process under 
        subsection (b);
            (3) consult with State and local officials that represent a 
        broad cross-section of regional, economic, policy, and 
        geographic perspectives in the United States;
            (4) emphasize the importance of collaboration with and 
        among the State and local officials;
            (5) allow for meaningful and timely input by the State and 
        local officials;
            (6) recognize, preserve, and protect the primary rights and 
        responsibilities of the States to protect water quality under 
        the Federal Water Pollution Control Act, and to plan and 
        control the development and use of land and water resources in 
        the States;
            (7) protect the authorities of State and local governments 
        and rights of private property owners over natural and manmade 
        water features, including the continued recognition of Federal 
        deference to State primacy in the development of water law, the 
        governance of water rights, and the establishment of the legal 
        system by which States mediate disputes over water use;
            (8) incorporate the advice and recommendations of the State 
        and local officials regarding matters involving differences in 
        State and local geography, hydrology, climate, legal 
        frameworks, economies, priorities, and needs; and
            (9) ensure transparency in the consultation process, 
        including promptly making accessible to the public all 
        communications, records, and other documents of all meetings 
        that are part of the consultation process.
    (d) Stakeholder Consultation Requirements.--As part of consulting 
with and soliciting recommendations from stakeholders and other 
interested parties under subsection (b), the Secretary and the 
Administrator shall--
            (1) identify representatives of public and private 
        stakeholders and other interested parties, including small 
        entities (as defined in section 601 of title 5, United States 
        Code), representing a broad cross-section of regional, 
        economic, and geographic perspectives in the United States, 
        which could potentially be affected, directly or indirectly, by 
        the new proposed rule under subsection (a), for the purpose of 
        obtaining advice and recommendations from those representatives 
        about the potential adverse impacts of the new proposed rule 
        and means for reducing such impacts in the new proposed rule; 
        and
            (2) ensure transparency in the consultation process, 
        including promptly making accessible to the public all 
        communications, records, and other documents of all meetings 
        that are part of the consultation process.
    (e) Timing of Federalism and Stakeholder Consultation.--Not later 
than 3 months after the date of enactment of this Act, the Secretary 
and the Administrator shall initiate consultations with State and local 
officials, stakeholders, and other interested parties under subsection 
(b).
    (f) Report.--The Secretary and the Administrator shall prepare a 
report that--
            (1) identifies and responds to each of the public comments 
        filed on--
                    (A) the proposed rule referred to in section 2;
                    (B) the accompanying economic analysis of the 
                proposed rule entitled ``Economic Analysis of Proposed 
                Revised Definition of Waters of the United States'' 
                (dated March 2014); and
                    (C) the report entitled ``Connectivity of Streams & 
                Wetlands to Downstream Waters: A Review & Synthesis of 
                Scientific Evidence'' (EPA/600/R-14/475F; dated January 
                2015);
            (2) provides a detailed explanation of how the new proposed 
        rule under subsection (a) addresses the public comments 
        referred to in paragraph (1);
            (3) describes in detail--
                    (A) the advice and recommendations obtained from 
                the State and local officials consulted under this 
                section;
                    (B) the areas and issues where consensus was 
                reached with the State and local officials consulted 
                under this section;
                    (C) the areas and issues of continuing disagreement 
                that resulted in the failure to reach consensus; and
                    (D) the reasons for the continuing disagreements;
            (4) provides a detailed explanation of how the new proposed 
        rule addresses the advice and recommendations provided by the 
        State and local officials consulted under this section, 
        including the areas and issues where consensus was reached with 
        the State and local officials;
            (5) describes in detail--
                    (A) the advice and recommendations obtained from 
                the stakeholders and other interested parties, 
                including small entities, consulted under this section 
                about the potential adverse impacts of the new proposed 
                rule and means for reducing such impacts in the new 
                proposed rule; and
                    (B) how the new proposed rule addresses such advice 
                and recommendations;
            (6) provides a detailed explanation of how the new proposed 
        rule--
                    (A) recognizes, preserves, and protects the primary 
                rights and responsibilities of the States to protect 
                water quality and to plan and control the development 
                and use of land and water resources in the States; and
                    (B) is consistent with the applicable rulings of 
                the United States Supreme Court regarding the scope of 
                waters to be covered under the Federal Water Pollution 
                Control Act; and
            (7) provides comprehensive regulatory and economic impact 
        analyses, utilizing the latest data and other information, on 
        how definitional changes in the new proposed rule will impact, 
        directly or indirectly--
                    (A) each program under the Federal Water Pollution 
                Control Act for Federal, State, and local government 
                agencies; and
                    (B) public and private stakeholders and other 
                interested parties, including small entities, regulated 
                under each such program.
    (g) Publication.--
            (1) Federal register notice.--Not later than 3 months after 
        the completion of consultations with and solicitation of 
        recommendations from State and local officials, stakeholders, 
        and other interested parties under subsection (b), the 
        Secretary and the Administrator shall publish for comment in 
        the Federal Register--
                    (A) the new proposed rule under subsection (a);
                    (B) a description of the areas and issues where 
                consensus was reached with the State and local 
                officials consulted under this section; and
                    (C) the report described in subsection (f).
            (2) Duration of review.--The Secretary and the 
        Administrator shall provide not fewer than 180 days for the 
        public to review and comment on--
                    (A) the new proposed rule under subsection (a);
                    (B) the accompanying economic analysis for the new 
                proposed rule; and
                    (C) the report described in subsection (f).
    (h) Procedural Requirements.--Subchapter II of chapter 5, and 
chapter 7, of title 5, United States Code (commonly known as the 
``Administrative Procedure Act'') shall apply to the development and 
review of the new proposed rule under subsection (a).
    (i) State and Local Officials Defined.--In this section, the term 
``State and local officials'' means elected or professional State and 
local government officials or their representative regional or national 
organizations.

SEC. 4. NO ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.

    No additional funds are authorized to be appropriated to carry out 
this Act, and this Act shall be carried out using amounts otherwise 
available for such purpose.

SEC. 5. EFFECT ON STATE PERMIT PROGRAMS.

    (a) In General.--If the Administrator of the Environmental 
Protection Agency, based on the proposed rule developed under section 
3, issues a final rule to define the term ``waters of the United 
States'' as used in the Federal Water Pollution Control Act (33 U.S.C. 
1251 et seq.), the Administrator shall--
            (1) not later than 90 days after the date of issuance of 
        the final rule, review each permit program being administered 
        by a State under section 402, 404, or 405 of that Act (33 
        U.S.C. 1342, 1344, or 1345) to determine whether the permit 
        program complies with the terms of the final rule; and
            (2) not later than 10 days after the date of completion of 
        the review, notify the State of--
                    (A) the Administrator's determination under 
                paragraph (1); and
                    (B) in any case in which the Administrator 
                determines that a permit program does not comply with 
                the final rule, the actions required to bring the 
                permit program into compliance.
    (b) Compliance Period.--During the 2-year period beginning on the 
date on which the Administrator provides notice to a State under 
subsection (a)(2), the Administrator may not withdraw approval of a 
State permit program referred to in subsection (a)(1) on the basis that 
the permit program does not comply with the terms of a final rule 
described in subsection (a).
    (c) Limitation on Statutory Construction.--Nothing in this section 
may be construed to limit or otherwise affect the authority of the 
Administrator under the Federal Water Pollution Control Act or any 
other provision of law--
            (1) to withdraw approval of a State permit program referred 
        to in subsection (a)(1), except as specifically prohibited by 
        subsection (b); or
            (2) to disapprove a proposed permit under a State permit 
        program referred to in subsection (a).

            Passed the House of Representatives May 12, 2015.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.